Texas House Bill HB4855

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to certain procedures in suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

Impact

This bill is likely to have a significant impact on state laws concerning family and child welfare. By detailing the circumstances under which parental rights can be terminated, the bill aims to provide more robust protections for families, particularly in situations where children are cared for by relatives or when there are compelling reasons to maintain the parent-child relationship. The legislation seeks to enhance the role of the court in ensuring that all relevant factors are considered before making a determination on parental rights, which can have long-lasting effects on families.

Summary

House Bill 4855 addresses procedures concerning termination of the parent-child relationship specifically within the jurisdiction of the Department of Family and Protective Services (DFPS). The bill introduces specific conditions under which DFPS may file petitions for the termination of parental rights, including requirements concerning the length of temporary conservatorship and situations of parental incarceration. In essence, the bill seeks to safeguard parental rights against premature termination, working to ensure that such actions are justified and in the best interest of the child involved.

Sentiment

The sentiment surrounding HB 4855 appears to be generally supportive, particularly from advocates for child welfare and family preservation. Supporters of the bill argue that it provides necessary checks and balances in the system, ensuring that families are not unjustly separated. However, the bill may be perceived as contentious by those who feel it could delay necessary interventions in situations where parents may pose a continued risk to their children. The discussions around the bill highlight the ongoing challenges in balancing the need for child protection with the rights of parents.

Contention

One of the notable contentions of HB 4855 revolves around the definition of 'aggravated circumstances' and how it could impact the Department's ability to act decisively in the best interest of children. Critics may argue that while the bill aims to protect families, it could unintentionally lead to situations where children remain in unstable or unsafe environments longer than necessary due to the procedural hurdles established by the new amendments. The interplay between ensuring child safety and preserving family ties remains a complex and sensitive area of discussion.

Texas Constitutional Statutes Affected

Family Code

• Chapter 161. Termination Of The Parent-child Relationship
  • Section: New Section

• Chapter 263. Review Of Placement Of Children Under Care Of Department Of Family And Protective Services
  • Section: 401